The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended execution and eight hours of community service in six months of imprisonment) is too unreasonable.

2. The crime of this case on board is deemed to require the defendant to bear strict responsibility corresponding to the crime in consideration of the fact that the defendant takes a bath to police officers and assaults three times on the chest part of a police officer to obstruct the legitimate performance of duties by the police officer. Considering the fact that the nature of the crime is considerably poor in light of the method and content of the crime, and that agreement with the victimized police officer or recovery from damage could not be properly achieved until the trial of the case.

I see that it is.

However, in light of the following: (a) the Defendant made a confession of the instant crime and committed a mistake in depth when he was in the trial; (b) the instant crime was committed by the Defendant, while under the influence of alcohol, by means of a sudden separation of the taxi engineer and the vision, cannot be deemed as a planned crime; and (c) the degree of the assault seems to be relatively heavy; (d) there is no record of criminal punishment or criminal punishment heavier than suspended execution for the same and similar crimes; and (e) other various conditions of punishment shown in the instant argument, including equity of sentencing and sentencing, Defendant’s age, sexual behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be unfair by means of ignoranceing the sentence imposed by the Defendant.

Therefore, the defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this Court is only an addition to “1. Defendant’s trial testimony” in the column of “a summary of the evidence” of the second part of the lower judgment.